Massachusetts General Laws Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280) Ch. 276, § 37A

If a person is charged with a capital crime and brought before a district court for the initial appearance, the superior court may assign counsel upon his petition and upon certification of the charge to the superior court by the clerk of the district court. The examination shall thereupon be continued until the assignment of counsel has been made, and certification thereof received by the clerk of the district court, or until the petition for assignment of counsel has been otherwise disposed of. Upon a determination that a person accused of murder in the first or second degree is indigent, the chief counsel of the committee for public counsel services, or his designee, may assign the case to either the public counsel division or the private counsel division.